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(영문) 광주고등법원 (전주) 2018.08.14 2017노166
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal doctrine (the attempted crime due to the demand for additional interest) that Defendant sent the victim a text message as stated in the facts charged does not constitute intimidation to the attempted crime, but the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine on mistake of facts or intimidation to the attempted crime.

2) The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

B. Prosecutor 1) The lower court erred by misapprehending the legal doctrine as to the right to command a lawsuit and by failing to exhaust all necessary deliberations, which affected the conclusion of the judgment, although the charge of violation of the Act on the Protection of Children and Juveniles from Sexual Abuse (a forced act, etc.) among the facts charged in the instant case constitutes sexual abuse, such as sexual harassment, etc. that causes a sense of sexual humiliation to a child and juvenile under Article 17 Subparag. 2 of the Child Uniforms Act, and the charge of attempted to commit a crime of coercion can be deemed as an attempted crime, but the lower court erred by misapprehending the legal doctrine as to the right to command a lawsuit and failing to exhaust all necessary deliberations.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Ex officio determination

A. Of the facts charged in the appellate trial, “Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Coercive Conduct, etc.)” was “Violation of the Child’s Reinstatement Act (hereinafter “Attempted Crime, etc.”)”, “Attempted Crime” and “Attempted Crime” in the applicable legal provisions, “Article 14(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse” are “Article 71(1)2 and Article 17 subparag. 2 of the Child Uniforms Act”, “Articles 352 and 350(1) of the Criminal Act” are amended to “Article 352, 350(1), 324-5, 324-2, 42, and 40-4 of the Criminal Act,” and “Article 352, 350(1) of the Criminal Act are amended to the following charges:

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